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Gress v. State

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1990
157 A.D.2d 479 (N.Y. App. Div. 1990)

Opinion

January 9, 1990

Appeal from the Court of Claims (Albert A. Blinder, J.).


Claimant, an inmate participating in a temporary work release program from Edgecombe Correctional Facility, was injured when he fell from a scaffold during the course of demolition work for the Bethelite Community Church. He has sued the State for its negligence in the administration of its work release program. The trial court dismissed the claim for failure to make out a case after both sides had rested. On appeal, claimant argues that he proved the State's negligence in obtaining inappropriate employment for him, in failing to provide adequate supervision on the job, and in failing to have his parole officer visit the jobsite within 10 days from the date he became employed. These arguments are unpersuasive. Labor Law § 240, upon which he relies, is inapplicable since the State was neither the owner nor contractor at the work site. And, although claimant is an employee entitled to the protection of section 240, he, as a prisoner participating in a work release program, is not a State employee (Correction Law § 861), but, rather, an employee of the private employer with which he has been placed (see, Correction Law § 178).

Moreover, Ms. Ragosta, a correctional counsellor who recommended claimant for the job placement, was acting in a quasi-judicial capacity and thus the State is immune from liability for her actions. (Santangelo v. State of New York, 101 A.D.2d 20.) In any event, the State does not have any duty or obligation to inspect and ensure the safety of the possible jobsites for inmates in a temporary release program.

Concur — Sullivan, J.P., Ross, Milonas, Smith and Rubin, JJ.


Summaries of

Gress v. State

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1990
157 A.D.2d 479 (N.Y. App. Div. 1990)
Case details for

Gress v. State

Case Details

Full title:DOUGLAS GRESS, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 9, 1990

Citations

157 A.D.2d 479 (N.Y. App. Div. 1990)
549 N.Y.S.2d 402

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